Application No: N/2003/293 Location: 217 Wellingborough Road (Formerly Coles) Proposal: Change of use from retail shop (Class A1) to restaurant (Class A3) installation of new shopfront and erection of first floor rear extension Officer: Geoff Wyatt

Recommendation: APPROVAL subject to conditions.

Site Description and History: The site is situated on the northern side of the Wellingborough Road District Centre and is currently vacant. Planning permission for the change of use to a restaurant was approved by Planning Committee on 20th November 2002 (ref N/2002/1176).

Planning Policy: Northampton Local Plan Policies R9, R12 and H20.

Representations: The occupiers of 2, 4, 6 and 8 Adams Avenue have objected on the following grounds:

(i) the extension will have detrimental effect upon the rear rooms of No.2 Adams Avenue. (ii) disruption due to building works (iii) increase in parking problems (iv) increase in noise and disturbance.

Autocare of Wellingborough Road have concerns regarding the blocking of the rear access and the erection of scaffolding during construction works.

Allen-Lyman of Wellingborough Road consider that the proposed extension will result in a reduction of light reaching the first and ground floor windows at the rear of their property. However, no objections have been received regarding the revised scheme.

Appraisal: The principle of the use has already been established with the granting of the previous planning permission in November 2002. The first floor extension has been significantly reduced in size in order to reduce the impact on the adjoining property at 213 Wellingborough Road, (Allen-Lyman). Furthermore, it is considered that there is adequate separation from the rear of No. 2 Adams Avenue for the extension not to have a detrimental effect upon that property.

**Conditions**

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

**Reason:** To comply with Section 91 of the Town and Country Planning Act 1990.

(2) The use hereby approved is for a restaurant and any sale of hot food for consumption off the premises shall at all times remain ancillary to the main use of the premises.

**Reason:** In the interests of the amenity of the surrounding locality.

(3) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, (or any provisions in any statutory instrument revoking and re-enacting that Order), the premises shall not be used as a public house or wine bar.

**Reason:** In the interests of the amenity of the surrounding locality.

(4) Details and/or samples of all proposed external facing materials shall be submitted to and approved by the Council prior to the commencement of construction work on site.

**Reason:** In the interests of visual amenity and to ensure that the development will harmonise with its surroundings.

(5) The premises shall be open only between the hours 09:00 and 23:00 from Mondays to Saturdays and between 10:00 and 22:30 on Sundays and Bank Holidays.

**Reason:** In the interests of the amenities of the occupiers of nearby properties.

(6) Before the development hereby permitted commences a scheme shall be agreed with the Council which specifies the sources of noise on the site, whether from fixed plant or equipment or noise generated within the building, and the provision to be made for its control. The agreed scheme shall be implemented prior to the development coming into use and shall be maintained thereafter.

**Reason:** In the interests of amenity.

(7) Before the development hereby permitted commences a scheme shall be agreed with the Council which specifies the provision to be made for the collection, treatment and dispersal of cooking odours. The agreed scheme shall be implemented prior to the development coming into use and shall be maintained thereafter.

**Reason:** In the interests of amenity. (8) The development shall be constructed to allow access to and circulation in all public areas of people with disabilities, details of which shall be submitted to and approved by the Council, implemented concurrently with the development, completed prior to the development being first brought into use and thereafter maintained.

**Reason:** To ensure that the premises are easily accessible to people with disabilities.

(9) Details of the provision for the storage of refuse shall be submitted to and approved by the Council, implemented the premises are used for the permitted purpose and thereafter maintained.

**Reason:** In the interests of amenity and to secure a satisfactory standard of development.

(10) Notwithstanding the submitted plans prior to the commencement of development, further details of the glazing at a scale of 1:20 to the front elevation shall be submitted to and approved in writing by the Council.

**Reason:** In the interests of visual amenity.